AZAMATIBI AND ORS. Vs. AKHTYARBI AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 27th November, 1986, passed by Joint District Judge, Aurangabad, in Regular Civil Appeal No. 57 of 1982, thereby confirming the judgment and decree dated 6th February, 1982, passed by Civil Judge Junior Division, Paithan, in Regular Civil Suit No. 29 of 1977.

(2.) IN Regular Civil Suit No. 29 of 1977, the appellants/plaintiffs had sought a decree for declaration and injunction. It is claimed by the appellants/plaintiffs that they are entitled for declaration of ownership of 12 annas 6 pai share in land bearing survey No. 3, Gat No. 7, locally known as "3 Bighe", ad measuring 2 Acres and 26 Gunthas, assessed at Rs. 2.81 ps., along with three mango trees and right of water in the well. The plaintiffs claimed further declaration of same share in the house of 10 khan, boundaries whereof are described in the plaint. It is the case of plaintiff No. 1 that after the death of her husband Vazir Patel, who was owner and in possession of the suit field and suit house, the plaintiffs became owner of the same being legal heiress of Vazir Patel.

(3.) MR . Bhandari, learned Counsel appearing on behalf of the appellants, has invited my attention to the factual matrix of the case. According to him, as appellant No. 1/plaintiff No. 1 was wife of Vazir Patel and there is no dispute that the suit property was owned by Vazir Patel, she becomes successor to the said property by virtue of her legal heirship.